FY 2023 Weapons Convictions Under Biden Continue At Record High Levels

Washington-Federal convictions for weapons convictions for FY 2023 ended with another record year, even exceeding predictions from earlier. The latest available data from the Justice Department show that federal prosecutors obtained 1,082 convictions in September. The 12-month total was 9,460 covering October 2022 through September 2023. Thus, convictions accelerated during the last half of the fiscal year.

Prohibited firearms activity under Title 18 Section 922 accounted for 83 percent of convictions this year. The next two statutes accounting for the most weapons convictions were Title 18 Section 1951 (Hobbs Act) for the actual or attempted robbery or extortion affecting interstate or foreign commerce, and Title 21 Section 841 for prohibited drug activity. They each accounted for an additional 3 percent of all weapons convictions during FY 2023.

The lead federal investigative agency responsible for investigating weapons offenses is the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). According to case-by-case records obtained from the Department of Justice by the Transactional Records Access Clearinghouse (TRAC) after lengthy and successful litigation under the Freedom of Information Act, ATF referrals accounted for 61 percent of weapons convictions.

The Federal Bureau of Investigations was responsible for another 16 percent of referrals that led to these convictions. In third place were referrals from state and local law enforcement agencies which accounted for another 9 percent. The Drug Enforcement Administration and the Department of Homeland Security were the lead investigative agencies which accounted for many of the remaining convictions for federal weapons violations.

Trends in Weapons Prosecutions

Federal weapons convictions during FY 2023 were 21 percent higher than five years ago, and 41 percent higher than a decade ago.

However, convictions for federal weapons violations have undergone substantial change – both up and down – over the last three decades. Starting from a low of around 3,000 in FY 1998, they climbed to a high in FY 2005 of 9,200 before falling to a new low of just 6,000 a decade later in FY 2015. Thus, while the last two years have exceeded earlier records, they are only modestly above conviction levels during the previous highs in FY 2005-2006.

During the Trump administration, convictions reached 8,697 in FY 2019. They have climbed even further under President Biden. Convictions reached an all-time high last year (FY 2022) when they reached 9,559. This was the largest number in any single year since recording began. While FY 2023 is slightly lower than last year, the average number of convictions during the Biden administration has been consistently higher – averaging about 17 percent greater – than those during the Trump administration